Supreme Judicial Court Eliminates Sovereign Immunity for Certain Property-Related Declaratory Judgment Actions

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While the Commonwealth enjoys sovereign immunity from suits in many cases, today the Supreme Judicial Court in Walter E. Fernald Corp. v. Governor, SJC-11801 (May 29, 2015) limited its right to avoid litigation in respect to challenges to ownership of parcels of recorded land.  This decision further reduces the Commonwealth's ability, already limited by the SJC in other matters and areas of law, to claim immunity from suit.

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Are Judicial Liens on Property Void After Bankruptcy Discharge?

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In a new decision today, the Massachusetts Supreme Judicial Court addressed the issue of whether judicial liens on real property remain valid after the owner of the property receives a discharge under Chapter 7 of the Bankruptcy Code.  The Court held that where a bankruptcy "discharge only voids a judgment as to actions in personam, the liens resting on that judgment need not be invalidated, because the judgment is not void as to actions in rem."

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Does Your Mortgage Lack a Maturity Date? Trying to Foreclose? Not So Fast, says SJC

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Suppose you hold a mortgage on a property.  There is no term or maturity date in the mortgage; however, the mortgage references the date in the corresponding note on which the underlying debt is due.  How long do you, the mortgagee, have to foreclose on the property under the mortgage?  Maybe not as much tine as you think.

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Try Title Action Not Available to Challenge Foreclosure

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Today the SJC issued its decision in an important case to those following the fallout of the mortgage foreclosure crisis.  In Abate v. Fremont Investment & Loan, et al., the Court effectively eliminated one of the methods homeowners have been using to challenge allegedly invalid foreclosures of their homes.  The Court determined that a valid foreclosure of property prevents a try title action, as only property owners may bring a try title action.  The Court also determined that a try title action cannot be brought to challenge the majority of impending foreclosures.  After this decision, homeowners who wish to challenge the foreclosure of their property must seek an alternate route.

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